District of Columbia v. Heller

Questions presented

SCOTUS records, cert granted 20 Nov 2007

Whether the Second Amendment forbids the District of Columbia from banning private possession of handguns while allowing possession of rifles and shotguns.

Opinion summary

Etalia.ai summary of the majority opinion

In the 2007 case District of Columbia v. Heller, the U.S Supreme Court ruled in a 5-4 decision that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for private use within their home in federal enclaves. The case was brought forward by Dick Anthony Heller, a special police officer in Washington D.C., who applied for a one-year license for a handgun he wished to keep at home but was denied due to D.C.'s ban on handguns. This ruling marked the first time that SCOTUS interpreted directly as this amendment protecting an individual's right against federal law or regulations. However, it did not address whether this same standard applies to state and local laws too.

Dissent summary

Etalia.ai summary of the dissenting opinions

In the dissenting opinion for District of Columbia v. Heller, Justice John Paul Stevens argued that the Second Amendment was designed to protect the right of states to maintain a militia and not an individual's right to possess firearms. He contended that while self-defense is indeed a basic right, it should be regulated by local criminal law rather than constitutional law. The dissent also highlighted historical evidence suggesting that at its inception, the Second Amendment was focused on military use of firearms, not personal or home defense. Furthermore, he pointed out inconsistencies in interpreting "the people" as individuals in this context when elsewhere in the Constitution it refers collectively to state militias or citizens acting together. Finally, Justice Stevens warned against judicial restraint cautioning about overturning longstanding precedent based on late 20th-century interpretations which could potentially disrupt established laws regulating firearm possession across many jurisdictions.

Opinion written by Justice Scalia

Decided 26 Jun 2008 · Official report

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Oral argument transcript

Argued 18 Mar 2008